Indian Penal Code, 1860 – Section 120B, 376D, and 506 – Rape – Victim deposition does not inspire confidence – Acquittal upheld – Delay of eight months in reporting to police – Medical report do no support prosecution – Contradictions and improvements – Held: When the victim makes not only a bald but vague statement where even the date of incident was not mentioned, then it creates a serious doubt about the story put-forth by the victim herself. She stated that all the respondents had committed sexual offence with her, but this seems to be unreliable as she had become unconscious and she was not knowing about the occurrence as per the version put-forth by herself.
We really fail to see any reason why the victim had not reported the matter to her family members or to the police immediately or at best within a reasonable time and why she waited for more than eight months to lodge FIR, that too, when she claimed that she came to know that her photographs/video have been uploaded on the Whatsapp. Meaning thereby, had the photographs of the victim not been uploaded on the Whatsapp, the victim would have not registered the FIR and kept mum.
The victim has stated before the Magistrate that the cold drink was offered to her in a dhaba at ‘B’ whereas in the Court she has stated that cold drink was offered to her on the road side and there is otherwise no mention of Dhaba
Not only is the case set up by prosecution suspect but even the contradiction, improvement and embellishments are so significant, which cannot be ignored. Moreso, the statement of the victim neither stood corroborated from medical evidence nor from any other material on record and even the story regarding uploading of photographs belies her claim.
There is no doubt that rape causes great distress and humiliation to the victim of rape but at the same time false allegation of committing a rape also causes humiliation and damage to the accused. An accused has also rights which are to be protected and the possibility of false implication has to be ruled out.
We are satisfied that the prosecution has failed to prove its case beyond reasonable doubt and the learned trial Court committed no error in acquitting the accused/respondents. (Para 24, 25, 26, 28, 43, 44)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 135 HP
State Of Himachal Pradesh Vs. Ved Prakash & Ors.
Cr. A. No. 217 of 2018-Decided on 1-9-2023
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